[Federal Register Volume 60, Number 107 (Monday, June 5, 1995)]
[Notices]
[Pages 29552-29553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13702]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-038]
Bicycle Speedometers From Japan; Final Results of Antidumping
Duty Administrative Review
AGENCY: Import Administration International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of antidumping duty administrative
review.
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SUMMARY: On January 31, 1995, the Department of Commerce (the
Department) published the preliminary results of its administrative
review of the antidumping finding on bicycle speedometers from Japan.
The review covers one manufacturer/exporter, Cateye Co., Ltd. (Cateye),
and the period November 1, 1992 through October 31, 1993.
We gave interested parties an opportunity to comment on our
preliminary results. We received comments from the respondent, Cateye.
Based on our analysis of the comments received, the final results of
this review have changed from those presented in the preliminary
results of review.
EFFECTIVE DATE: June 5, 1995.
FOR FURTHER INFORMATION CONTACT: Arthur N. DuBois or Thomas F. Futtner,
Office of Antidumping Compliance, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, D.C. 20230; telephone (202) 482-
6312/3814.
SUPPLEMENTARY INFORMATION:
Background
On January 31, 1995, the Department published in the Federal
Register (60 FR 5898) the preliminary results of its administrative
review of the antidumping finding on bicycle speedometers from Japan
(37 FR 24826, November 22, 1972). On February 27, 1995, we received
comments from the respondent, Cateye. The Department has now completed
that administrative review in accordance with section 751 of the Tariff
Act of 1930, as amended (the Act).
Scope of the Review
Imports covered by the review are shipments of bicycle
speedometers. This merchandise is currently classifiable under the
Harmonized Tariff Schedule (HTS) item numbers 9029.20.20, 9029.40.80,
and 9029.90.40. HTS item numbers are provided for convenience and
Customs purposes. Our written description remains dispositive.
The review covers the shipments of Cateye, a manufacturer/exporter
of bicycle speedometers during the period November 1, 1992 through
October 31, 1993.
Analysis of Comments Received
We gave interested parties an opportunity to comment on the
preliminary results as provided by section 353.38 of the Department's
regulations. We received comments from the respondent, Cateye.
Comment 1: Cateye commented that in the preliminary calculations
the Department inappropriately included sales in the home market data
base that occurred outside the period of review.
Department's Response: We agree and have corrected the programming
accordingly.
Comment 2: Cateye commented that for certain models sold in the
United States, we failed to compare the most similar merchandise sold
in the home market.
Department's Response: We agree that for the models mentioned in
Cateye's comment, we failed to compare models sold in the United States
with the most similar merchandise sold in the home market. The most
similar merchandise for models with black cases sold in the United
States are home market models with black cases, and the most similar
merchandise for models with colored cases sold in the United States are
home market models with colored cases. We have recalculated our results
accordingly.
Final Results of Review
As a result of our review, we have determined that the following
margin exists for the period November 1, 1992 through October 31, 1993:
------------------------------------------------------------------------
Margin
Manufacturer/exporter (percent)
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Cateye Co., Ltd............................................. 1.44
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The Department shall determine, and the Customs Service shall
assess, antidumping duties on all appropriate entries. Individual
differences between U.S. price and foreign market value may vary from
the percentage stated above. The Department will issue appraisement
instructions directly to the Customs Service.
Furthermore, the following deposit requirements will be effective
upon publication of these final results of administrative review for
all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after that publication date, as
provided by section 751(a)(1) of the Act, and will remain in effect
until publication of the final results of the next administrative
review: (1) The cash deposit rate for the reviewed company will be 1.44
percent;
(2) for exporters not covered in this review, but covered in
previous reviews or the original less-than-fair-value (LTFV)
investigation, the cash deposit rate will continue to be the
company-specific rate published for the most recent period; (3) if
the exporter is not a firm covered in this review, a prior review,
or the original LTFV investigation, but the manufacturer is, the
cash deposit rate will be the rate established for the most recent
period for the manufacturer of the merchandise; and (4) if neither
the exporter nor the manufacturer is a firm covered in this or any
previous review, the cash deposit rate will be 26.44 percent, which
is the ``new shipper'' rate established in the first administrative
review in accordance with the Court of International Trade's (CIT's)
decisions in Floral Trade Council v. United States, 822 F. Supp. 766
(CIT 1993), and Federal Mogul Corporation and the Torrington Company
v. the United States, 822 F Supp. 782 (CIT 1993). We are basing the
``all others'' rate on the ``new [[Page 29553]] shipper'' rate
established in the first final results of administrative review
published by the Department (47 FR 28978, July 2, 1982) because this
proceeding is governed by an antidumping finding, and we are unable
to ascertain the ``all others'' rate from the Treasury LTFV
investigation.
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 353.26 to file a certificate regarding the
reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period.
Failure to comply with this requirement could result in the
Secretary's presumption that reimbursement of antidumping duties has
occurred and the subsequent assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 353.34(d). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of APO is a sanctionable violation.
This administrative review and notice are in accordance with
section 751(a) of the Act, as amended (19 U.S.C. 1675(a)), and 19 CFR
353.22.
Dated: May 26, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-13702 Filed 6-2-95; 8:45 am]
BILLING CODE 3510-DS-P
